Keith Mack
If you are dissatisfied with your lawyer, you may be able to resolve your concerns by speaking with them directly or with the law firm's managing partner. If this does not resolve the issue, you can file a complaint with the disciplinary board or counsel in your state. Each state has a disciplinary board that reviews attorney complaints, and while procedures vary, most follow a similar process. You can usually make your initial complaint by letter, phone, or online form, after which the board will review the complaint to determine if there has been misconduct or an ethical violation. If the board finds no misconduct, the complaint will be closed, but if misconduct is found, a full investigation will be launched. It is important to note that the disciplinary board cannot award compensation, provide legal advice, or intervene in court proceedings.
| Characteristics | Values |
|---|---|
| Who can file a complaint? | Clients who have suffered monetary loss due to their attorney's misconduct |
| Who can complaints be filed against? | Attorneys/lawyers |
| What are valid reasons to file a complaint? | Lack of communication, fee disputes, negligent lawyer conduct, conflicts of interest, failure to communicate important information about the case, etc. |
| What is not considered unethical conduct? | A simple mistake or error in judgment, failure to respond to client calls, failure to consult with the client prior to writing letters or filing documents |
| What is the process of filing a complaint? | File a complaint by letter, phone, or online complaint form. If the review finds misconduct, the board begins a full investigation. |
| What happens after a complaint is filed? | The disciplinary board reviews all complaints. If there was no professional misconduct, the investigators close the complaint and send a letter explaining why. If there was misconduct, the attorney faces sanctions, which can include fines, repayment of misused funds, or remedial law classes. |
| What are the time limits for filing a complaint? | A complaint about a lawyer's conduct must be made within 3 years of the conduct occurring. A complaint about overcharging must be made within 2 years of the final bill. |
| Are there any costs associated with filing a complaint? | No fees or other costs will be charged for filing or hearing fee disputes. |
| What if the complainant needs legal advice or representation during the process? | The complainant may use a lawyer to help with the fee arbitration process, but it is not necessary. |
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What You'll Learn
- Filing a complaint: You can file a complaint by letter, phone, or online form
- Fee disputes: If you have a dispute about a lawyer's fee, you can request that it be resolved by the Board's fee arbitration process
- Unethical conduct: If you believe your lawyer has engaged in unethical conduct, you can file a grievance complaint
- Disciplinary action: Disciplinary boards review attorney complaints and take action if misconduct is found
- Compensation: If you believe your lawyer has been negligent and you wish to receive compensation, seek independent legal advice
Filing a complaint: You can file a complaint by letter, phone, or online form
Filing a complaint with the Board of Overseers of the Bar can be done in several ways: by letter, phone, or online form. The Board of Overseers of the Bar was created by the Maine Supreme Judicial Court in 1978 to govern the professional conduct of lawyers practicing law in the State of Maine.
If you believe your lawyer has engaged in unethical conduct, you can download the Board's Grievance Complaint Form as a fillable form or PDF. After completing the form, mail it to the Board's office to initiate the complaint process. The Board's address is:
Board of Overseers of the Bar
97 Winthrop Street
P. O. Box 527
Augusta, Maine 04332-0527
Alternatively, you can contact the Board by phone or email:
Phone: (207) 623-1121
Email: [email protected]
If you have a dispute about a lawyer's fee, you may request that the dispute be resolved through the Board's Fee Arbitration process. To initiate this process, download and complete the "Petition for Arbitration of Fee Dispute" form, ensuring you include relevant facts and supporting documentation such as bills, receipts, and correspondence. You can also provide electronic evidence, such as audio recordings, but a transcript of the recording must be provided as well.
It is important to note that not all problems constitute unethical conduct. For instance, a lawyer's failure to consult with a client before writing a letter or filing a document, or their failure to respond to all of the client's telephone calls, may be annoying but does not necessarily indicate unethical behaviour. In such cases, it is recommended to first discuss any concerns directly with your lawyer.
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Fee disputes: If you have a dispute about a lawyer's fee, you can request that it be resolved by the Board's fee arbitration process
If you have a dispute about a lawyer's fee, you can request that it be resolved through the Board's fee arbitration process. This process is designed to help clients resolve disputes with their attorneys about the legal fees they have been charged. It is an alternative to going to court, and it offers a fair, inexpensive, and quicker resolution.
To initiate the fee arbitration process, you will need to fill out a petition or request form, which can usually be downloaded from the Board's website or requested over the phone. In some states, there is a fee associated with filing a fee arbitration request, and you may be able to submit a fee waiver request if needed. Along with your petition, you will need to provide supporting documentation, such as bills, receipts, and correspondence related to the dispute. If you have any evidence in electronic format, such as audio recordings, you must also provide a transcript.
Once your petition is received, the Board will review and accept your case. You and your attorney will then be given notice of the hearing date, typically with at least ten days' advance notice. Depending on the amount in question, the hearing may be before a single member or a panel of members from the district fee committee, which usually includes attorneys and non-attorneys. It is important to note that these hearings are confidential, and you should not discuss the fee dispute with anyone except in specific circumstances.
Before initiating the fee arbitration process, it may be helpful to first discuss your bill with your attorney, as there may be valid reasons why the actual bill exceeded the initial estimate. Additionally, it is worth noting that not all problems with your lawyer constitute unethical conduct. For example, a simple mistake or error in judgment is not considered unethical. However, if you believe your lawyer has engaged in unethical conduct, you can file a grievance complaint form, which is separate from the fee arbitration process.
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Unethical conduct: If you believe your lawyer has engaged in unethical conduct, you can file a grievance complaint
If you believe your lawyer has engaged in unethical conduct, you may file a grievance complaint. However, it is important to note that not every action you disagree with or find annoying constitutes unethical conduct. For instance, a lawyer's failure to respond to all of your phone calls or consult with you before filing every document in your case does not fall under unethical conduct. In such cases, it is advisable to have a frank discussion with your lawyer, expressing your dissatisfaction and seeking a full explanation of the matter.
Unethical conduct refers to wrongdoing or a violation of the profession's code of ethics, which can be proven by available evidence. It involves actions that seriously affect the outcome of a case or violate attorney-client privilege. Examples include conflicts of interest with current or former clients, business associates, or other attorneys. If you believe your lawyer has engaged in such conduct, you can initiate the grievance process by filing a complaint with the appropriate committee or board.
The process of filing a grievance complaint varies depending on your location. In some states, such as New York, you can file a written complaint with the Attorney Grievance Committees of the Supreme Court. These committees have the authority to investigate, review, and prosecute complaints of attorney misconduct within their jurisdiction. The committee will review your complaint to determine if there are indications of unethical conduct. If so, they will forward a copy of your complaint to the lawyer for their response. You will receive a copy of this response, and if it does not resolve the matter, further investigation will be conducted.
After the investigation is completed, the Grievance Counsel will review the facts and determine the appropriate action. This can range from dismissing the complaint to recommending formal disciplinary proceedings. It is important to remember that filing a complaint against a lawyer is a serious matter, and you may want to seek legal advice before proceeding. Additionally, keep in mind that your lawyer cannot represent you during the investigation, so it is advisable to find a new lawyer for any pending legal matters.
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Disciplinary action: Disciplinary boards review attorney complaints and take action if misconduct is found
If you believe that your lawyer has engaged in unethical conduct, you can file a complaint with the relevant disciplinary board. Disciplinary boards are responsible for reviewing attorney complaints and taking action if misconduct is found. Each state has its own disciplinary board, such as the Board of Overseers of the Bar in Maine, the Disciplinary Board of the North Dakota Court System, and the Disciplinary Board in Hawaii.
The process for filing a complaint varies depending on the state and the specific disciplinary board. However, there are some general steps that are common across most boards. Firstly, complaints must typically be submitted in writing, either through an electronic or printed form, or via an ordinary letter. Complaint forms are often available in multiple languages. If you are unable to complete or submit a complaint due to a physical disability, you can contact the relevant office for assistance.
When filing a complaint, you will need to include specific information, such as the lawyer's full name, a detailed description of the conduct being complained about, the names of any witnesses, and any supporting documents or evidence. It is important to note that a simple mistake or error in judgment by a lawyer is not typically considered unethical conduct.
Once a complaint is received, the disciplinary board will review it to determine if an investigation is warranted. If the complaint is not dismissed, an investigation will be conducted. During the investigation, the attorney against whom the complaint is made may be required to respond to the allegations in writing. If the investigation reveals improper or unethical conduct, the disciplinary board can take several actions, including issuing a letter of caution, admonition, or reprimand. In more serious cases, the matter may be referred to court, and disciplinary action may include public reprimand, suspension, or disbarment.
It is important to note that filing a complaint will not change the outcome of a case or its appeal, and it is not a substitute for civil action or malpractice claims. The disciplinary process is separate from any civil or legal proceedings, and the complaining party will not receive monetary compensation through this process.
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Compensation: If you believe your lawyer has been negligent and you wish to receive compensation, seek independent legal advice
If you believe your lawyer has been negligent and wish to seek compensation, it is important to understand the process and your rights. Here are some key considerations:
Understanding Legal Negligence:
Legal negligence occurs when a lawyer breaches their specific duties to their client, and their actions, or lack thereof, have negative consequences. This could include failing to fulfil their obligations, such as not properly representing their client or failing to provide adequate legal advice. It is important to distinguish between simple mistakes or errors in judgment, which do not constitute legal negligence, and unethical conduct or breach of professional responsibilities.
Seeking Independent Legal Advice:
If you suspect legal negligence, it is crucial to seek independent legal advice. Consult another lawyer, preferably one specialised in legal malpractice or negligence claims, to review your case and provide an objective opinion. They can help you understand your rights, assess the strength of your claim, and guide you through the legal process.
Evidence and Documentation:
To support your claim, gather and present evidence that establishes the existence of an attorney-client relationship. This can include contracts, correspondence, and any relevant documentation. Additionally, collect proof of your lawyer's negligence, such as witness testimonies, expert opinions from other lawyers, or any other evidence that demonstrates their failure to uphold their professional duties.
Statute of Limitations:
Be mindful of the statute of limitations for legal negligence claims, as it varies by jurisdiction. For example, in Florida, the statute of limitations for legal negligence is two years. Failing to file a lawsuit within this timeframe will result in losing the opportunity to seek compensation.
Compensation and Damages:
In a successful legal negligence claim, you may be entitled to economic damages, which compensate you for monetary losses directly caused by your lawyer's negligence. This can include out-of-pocket expenses and any financial harm resulting from their misconduct. Additionally, you may also seek non-economic damages, such as loss of consortium, which compensates for the loss of companionship, affection, or spousal services. In rare cases, punitive damages may be awarded if the lawyer's negligence was egregious or intentional.
Lawyer's Indemnity Fund:
In some cases, the Lawyer's Indemnity Fund may be an avenue to resolve your claim. They will try to settle your claim if it is clear that the lawyer's negligence caused a loss, and the amount of loss can be readily calculated. However, if there is a dispute regarding the existence of negligence, its impact, or the settlement amount, you may need to pursue legal action by suing the lawyer in court.
Remember, each case is unique, and the specific steps and processes may vary depending on your location and the specifics of your situation. Always seek the guidance of a qualified legal professional to navigate your options effectively and protect your interests.
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Frequently asked questions
Each state has a disciplinary board that reviews attorney complaints. You can make your initial complaint by letter, phone, or online complaint form. If you believe your lawyer has engaged in unethical conduct, you can download the Board's Grievance Complaint Form and mail it to the Board's office.
A grievance committee or board reviews all complaints, and the attorney gets a notification of all investigations. If there was no professional misconduct, the investigators will close the complaint, and you will receive a letter explaining why. If the review finds misconduct, the board begins a full investigation.
Professional misconduct occurs when the attorney's actions seriously affect the outcome of the case or violate attorney-client privilege. This includes conflicts of interest and failure to communicate important information about the case. However, a simple mistake or error in judgment is not unethical conduct.
